Samuel UPTON, Plaintiff-Petitioner,
v.
CLOVIS MUNICIPAL SCHOOL DISTRICT, Defendant-Respondent.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
June 12, 2006.
Rehearing Denied August 30, 2006.
As Revised September 12, 2006.
Attorney(s) appearing for the Case
Doeer & Knudson, P.A., Stephen E. Doerr, Portales, NM, for Petitioner.
Brown & German, Daniel J. Macke, Elizabeth L. German, Albuquerque, NM, for Respondent.
Michael B. Browde, Albuquerque, NM, MCCML, P.A., Randi McGinn, Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.
Miller Stratvert P.A., Joseph L. Romero, Scott P. Hatcher, Santa Fe, NM, for Amicus Curiae, New Mexico Self Insurers' Fund, New Mexico County Insurance Authority.
Supreme Court of New Mexico.
OPINION
BOSSON, Chief Justice.
{1} The Uptons' fourteen-year-old daughter, Sarah, died as a result of an asthma attack that occurred while she was at school. The attack began after a substitute physical education teacher required Sarah to participate in a higher level of exercise than normal, even after the school had been notified of her special medical needs. The effects of the attack may have...
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